Murder charges dropped against a Fresno man

December 4, 2012 12:00:00 AM PST

Stephanie Stone | Carlos Saucedo

FRESNO, Calif. --

Arthur Howlin, 26 never thought the day would come. The day when prosecutors would drop the murder charge against him. He's been in jail since April, accused of murdering his 45 year old girlfriend Tina Banks.

In open court on Tuesday afternoon, Prosecutors dismissed the charges, citing a lack of evidence. New DNA tests revealed Howlin could not have been the shooter on the night in question. It happened in Northeast Fresno, near San Bruno and Fourth Street on April 27th. Banks was killed and 5 others wounded. Howlin has professed his innocence from the beginning. He walked out of jail a free man on Tuesday night, telling Action News, he knew why he was arrested. "To tell you the truth, because I was there. I tried to save her, but they said I was a the scene of the crime. I couldn't go nowhere I was stuck." He also says he'll be working to change his life. After struggling while behind bars. He'll be looking for a job, and working to move on, after losing the most important person in his life. He said, "I mean, they called her my wife, my girlfriend, she was my wife to me. That wasn't nice going through what I went through."

He also says, he wants to thank the people who stood by him, and he hopes police will arrest the person who killed his girlfriend. "I'll always forever love her, and I'm never gonna stop loving her, it's gonna be hard without her."

Attorney Michael Aed tells Action News, it's likely the District Attorney will not re-file charges against Howlin as the case was weak in the first place. The shooter is still at large.